Ohio Family Law Blog

Ways to find if spouse is hiding assets in a divorce

On behalf of Laubacher & Co. posted in Property Division on Thursday, May 16, 2019.

The issues that need to be resolved in a divorce case in Ohio somewhat depend on the circumstances of the marriage. If the couple has minor children, they will need to make child custody, parenting time and child support determinations. However, divorces that do not involve minor child will not need to address any of those issues. Every divorce will need to deal with property division.

How complicated this process will be depends upon the type and amount of the assets a couple owns. If they do not have many assets, then dividing them could be a fairly simple process. However, if the couple owns many assets, it can be very complicated. The couple may need to have business appraisals, property appraisals, value collectibles, divide investment accounts and other types of assets. This whole process starts with finding and disclosing all of the marital assets.

Factors used in making shared parenting determinations

On behalf of Laubacher & Co. posted in Child Custody on Thursday, May 2, 2019.

There are many different ways to parent children in Ohio and each parenting style differs from family to family. Even within the same family, two parents may parent differently. This does not necessarily mean that one style is wrong. Parents may have discussions about parenting while they are married and may disagree with the other parent from time to time, but the parents still may make the decisions together. This can be true if the couple ever divorces as well, but the parents must have a child custody order specifically stating that there is going to be shared parenting.

All decisions that are made about children in a child custody order are made based on what is in the best interests of the children. So, in making a custody determination, the court will analyze a number of factors and try to determine the best custody arrangement for the children. However, if the court is considering a shared parenting order, it must analyze an additional set of factors to determine whether shared parenting is also in the children's best interest.

Property division in Ohio not always straightforward

On behalf of Laubacher & Co. on Friday, April 26, 2019.

You have filed your divorce petition, and you are happy to be one step closer to breaking free from your marriage. However, you are also worried about how you and your soon-to-be ex will split your marital property.

The reality is, property division is not always straightforward in the state of Ohio. Here is a rundown on how the courts handle the division of marital property in the Buckeye State.

Jeff Bezos and his wife finalize their divorce

On behalf of Laubacher & Co. posted in Divorce on Thursday, April 18, 2019.

Most people in Ohio know about Amazon and there is a good chance they have used it to purchase various items. Many may have also heard that the owner of the company, Jeff Bezos, and his wife were going through a divorce. That divorce appears to now be finalized as the couple filed a joint petition for divorce. The parties were able to reach agreements on all issues regarding the property division, child custody, child support and spousal support, which neither will receive.

This divorce demonstrates that couples do not need to litigate their entire divorce even if it involves large amounts of money. The couple made statements that seem to show that they are still very cordial and plan to continue a friendship as they co-parent their children. Divorces can be very contentious, but they do not need to be as long as the couple is able to work together to achieve results that are in the best interests of their children and that ensures both will be able to continue to work together as they raise their children.

Determining child support for voluntarily unemployed parent

On behalf of Laubacher & Co. posted in Child Support on Friday, April 5, 2019.

When parents raise their children they need to provide for them in many ways including financially. At the most basic level, parents must feed their children, make sure they have a place to live and are clothed. Simply providing the basics can be expensive, but there are many other costs that parents must pay as well such as for healthcare costs, child care costs, extracurricular activities and others. If the parents are married sharing the costs are easy, but if parents divorce ensuring both parents contribute can be more difficult.

So, to ensure that both parents contribute to these costs, most divorce decrees will include a child support obligation for one parent to pay to the other. The amount of the child support obligation is based on a number of factors, but the biggest one is the parent's respective gross income. This is relatively easy to determine when the parent is working for a company, but sometimes a parent may quit a job, be fired or take a job earning less money or working less hours while the divorce is pending.

Costs of a collaborative divorce compared to litigation

On behalf of Laubacher & Co. posted in Collaborative Divorce on Thursday, March 21, 2019.

There are many different reasons that lead couples in Ohio to divorce. However, one thing that is clear is that the couple is no longer getting along. This means that people can be going through different emotions, which can initially cause their decision-making to be clouded. However, there are many very important decisions that need to be made while the couple goes through the process of separating their lives.

There are different options that people have while they go through this process. They could try and just discuss the issues themselves and complete the process themselves. They could use mediation or collaborative divorce to utilize attorneys and neutrals to assist them in reaching agreements. Couples could also litigate their divorce and eventually have a trial and have a judge make the decisions for them. All of these options will eventually resolve the divorce, but each process is different and creates different complications.

Special order required to divide retirement accounts

On behalf of Laubacher & Co. posted in Property Division on Friday, March 8, 2019.

Throughout a marriage in Ohio the couple may gain more and more assets. These assets could be real property like homes, automobiles and also include bank accounts and retirement accounts. As the couple gain or grow these assets they are creating marital property and if the couple divorces they will need to divided all of these marital assets. The property division process can take some time because the couple will need to gather statements for financial accounts and perhaps have businesses and homes appraised to determine their values.

Once the couple knows the value of the assets they will need to determine if either spouse has any non-marital portion in any of the assets. After all of this is done the couple can then divide the marital assets. How these assets are divided depends on the circumstances, but sometimes couples need to be creative depending on if an asset is liquid or if the value of the asset is equity which will not be realized until the asset is sold.

Informal negotiations may make divorce simpler

On behalf of Laubacher & Co. on Friday, March 1, 2019.

You have decided to break up with your spouse and cannot wait to live independently again. However, you might be worried about how much of a battle you will face with your future ex-spouse at trial.

The good news is that even though you have decided to get divorced, the process does not have to be hostile. Rather than proceeding to trial, you can take part in negotiations with your future ex to address matters like property distribution and alimony. Here is a glimpse at the informal divorce negotiation process.

Can child custody orders be changed after a divorce?

On behalf of Laubacher & Co. posted in Child Custody on Thursday, February 21, 2019.

There are many decisions that are made during a divorce. These decisions can have a major effect on how people live their lives after the divorce. This will determine who will keep the house and how many assets each spouse will have moving forward. The order will also determine when people will see their children and which parent will make decisions regarding the children's lives. However, these decisions are made based on the circumstances at the time of the divorce.

Some people divorce when their children are fairly young though. This means that the child custody orders issued when they are young will govern the situation until the children are emancipated and could be in effect for many years. As people know, there are many things that change over the years. It could be the parents' financial situation or changes in their personal lives. Also, as children grow older their needs change dramatically as well. So, the order that was issued years beforehand may no longer be in the children's best interest.

How is spousal support determined in Ohio?

On behalf of Laubacher & Co. posted in Divorce on Friday, February 8, 2019.

When people in Ohio decide to divorce, there are many factors that go into the decision and it is not one that is taken lightly. However, after the decision is made to initiate a divorce, there are many more very important decisions that need to be made as the couple separates their lives. These decisions include determining which parent will have custody of the children, how much child support one parent may pay, divide all their assets and property and also determine whether one spouse will receive spousal support from the other.

When making these determinations, the lives of the couple will be analyzed to determine first whether a spouse is in need of support and if so how much they need and for how long. In making these determinations the court will look at a number of factors.